Theft Act (Northern Ireland) 1969

[F1 23A Dishonestly retaining a wrongful credit. N.I.

(1) A person is guilty of an offence if—

(a) a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;

(b) he knows or believes that the credit is wrongful; and

(c) he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.

(2) References to a credit are to a credit of an amount of money.

[F2 (2A) A credit to an account is wrongful to the extent that it derives from—

(a) theft;

(b) blackmail;

(c) fraud (contrary to section 1 of the Fraud Act 2006); or

(d) stolen goods.]

(3) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In determining whether a credit to an account is wrongful, it is immaterial (in particular) whether the account is overdrawn before or after the credit is made.

(6) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years.

(7) Subsection (8) applies for purposes of provisions of this Act relating to stolen goods (including [F4 subsection (2A)] ).

(8) References to stolen goods include money which is dishonestly withdrawn from an account to which a wrongful credit has been made, but only to the extent that the money derives from the credit.

[F5 (9) “Account” means an account kept with—

(a) a bank;

(b) a person carrying on a business which falls within subsection (10); or

(c) an issuer of electronic money (as defined for the purposes of Part 2 of the Financial Services and Markets Act 2000).

(10) A business falls within this subsection if—

(a) in the course of the business money received by way of deposit is lent to others; or

(b) any other activity of the business is financed, wholly or to any material extent, out of the capital of or the interest on money received by way of deposit.

(11) References in subsection (10) to a deposit must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order under that section; and

(c) Schedule 2 to that Act;

but any restriction on the meaning of deposit which arises from the identity of the person making it is to be disregarded.

(12) For the purposes of subsection (10)—

(a) all the activities which a person carries on by way of business shall be regarded as a single business carried on by him; and

(b) “money” includes money expressed in a currency other than sterling.]]

F1 1997 NI 3

F2 S. 23(2A) inserted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(2), 15(1)(4), Sch. 1 para. 12(1) (with Sch. 2 para. 7); S.I. 2006/3200, art. 2

F3 S. 23A(3)(4) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14, 15(1)(4), Sch. 1 para. 12(1), Sch. 3 (with Sch. 2 para. 7); S.I. 2006/3200, art. 2

F4 Words in S. 23A(7) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(2), 15(1)(4), Sch. 1 para. 12(2) (with Sch. 2 para. 7); S.I. 2006/3200, art. 2

F5 S. 23A(9)-(12) substiuted (15.1.2007) for subsection (9) by Fraud Act 2006 (c. 35), ss. 14(1)(2), 15(1)(4), Sch. 1 para. 12(3) (with Sch. 2 para. 7); S.I. 2006/3200, art. 2